The trademark suit filed by Kroger against Lidl in July for allegedly copying its “Private Selection” generic brand name and logo has been dismissed. Both sides agreed earlier this month to dismiss the federal case with prejudice, which means the case can not be refiled.

Kroger had charged Lidl with violations of federal trademark and service mark infringement, unfair competition, dilution, and a violation of Virginia’s Consumer Protection Act. The company was seeking damages of $75,000 and an order preventing Lidl from selling its “Preferred Selection” items.

It is believed that Kroger reconsidered its case when a judge ruled against the company’s request for a preliminary injunction that would have prevented Lidl from using its own “Preferred Selection” logo. The judge ordered a jury trial and indicated that he was skeptical of Kroger’s ability to prove its claims.

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